Tag Archives: western philosophy and persuasive legal arguments in an opm disability retirement claims

Federal Employee Medical Retirement: Cartesian Bifurcation

Modern philosophy is often considered to have begun with the French philosopher, Descartes; this is perhaps unfortunate, for the resulting inward navel gazing which was precipitated and the subsequent conceptual bifurcation between mind and body, for which we must contend with and pay the price, to this day.

For the longest time, of course, there was a suspicion that psychiatric conditions were somehow less viable and more difficult to prove; this is perhaps as a result of a misconception and misunderstanding of that proof which constitutes “objective” data as opposed to “subjective” interpretations of any factual analysis.

In Federal Disability Retirement cases, the U.S. Merit Systems Protection Board has steadfastly rejected any notions of subjective/objective differentiation, especially when it comes to psychiatric medical conditions.  Fortunately for the Federal and Postal Worker who suffers from medical conditions such that the medical disability prevents one from performing one or more of the essential elements of one’s positional duties, the MSPB has repeatedly rejected OPM’s claim that certain medical evidence (clinical examinations and encounters with a psychiatrist, for instance) is merely “subjective”, as opposed to what they deem to be considered “objective” medical evidence.

Whether anyone at the U.S. Office of Personnel Management is aware of Descartes and the French philosopher’s profound influence upon the mind/body bifurcation is a matter of factual irrelevance; the important historical point to be recognized is the trickling down impact from theoretical discourses in academia, to the pragmatic application of concepts in bureaucratic administrative functions.

Descartes lives, and the echoes of his philosophical influence resounds and reverberates down into the hallways of the U.S. Office of Personnel Management, in the daily reviews of Federal Disability Retirement applications.


Robert R. McGill, Esquire


Medical Retirement Benefits for US Government Employees: The Paradigm of Persuasion

In graduate school, the undersigned attorney once presented a paper on a comparative analysis involving a Chinese philosopher.  At the end of the presentation, the professor asked a question pointedly:  “Is there such a thing as Chinese philosophy?”

The question, of course, went straight to the traditional paradigm underpinning Western philosophical thought:  of logical analysis; of syllogistic, Aristotelian methodology; of, “If A, then B”, etc. — as opposed to short, concise, declarative statements illustrating history, community, context and wisdom.

In other words, the difference between persuasion as a methodology in a universal sense, applied across any and all cultural lines, as opposed to the micro-application of wisdom within a given community.  For, in either sense, it is ultimately wisdom after which we seek.

There is, indeed, a tradition in Western Philosophy, beginning with the Pre-Socratics, onward through Plato, Aristotle, the Medievals, to the present where deconstructionism has essentially inversely cannibalized philosophy, in which the issue of what constitutes a persuasive argument must be questioned.

Can a paternalistic declaration of wisdom prevail in a debate?  Is a mere assertion of truth enough to convince?  In any legal context, one must systematically present one’s case with facts and “the law”.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one must take care and follow the traditional rules of persuasive argumentation.  In a family, the rule of Mom and Dad may prevail; in a community, a Confucius-like paternalism may be effective; in the arena of law, one must take care and systematically present a persuasive, logically coherent argument.

Only by following in such a methodology of persuasion can one expect success in preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management.


Robert R. McGill, Esquire